No. 7/2018
INSOLVENCY
Cap. 6:07
(b)
may delegate any power or function of the practitioner to a person who
was part of the board or pre-existing management of the company;
(c)
may appoint a person as part of the management of a company, whether
to fill a vacancy or not, subject to subsection (3);
(d)
is responsible for(i) developing a corporate rescue plan to be considered by affected
persons, in accordance with Sub-Part D of this Part; and
(ii) implementing any corporate rescue plan that has been adopted in
accordance with Sub-Part D of this Part.
(2) The corporate rescue practitioner must, as soon as practicable after
appointment, inform all relevant regulatory authorities having authority in respect
of the activities of the company, of the fact that the company has been placed under
corporate rescue proceedings and of his or her appointment.
(3) Except with the approval of the Court on application by the corporate rescue
practitioner, a practitioner may not appoint a person as part of the management of the
company, or an advisor to the company or to the practitioner, if that person(a)
has any other relationship with the company such as would lead a
reasonable and informed third party to conclude that the integrity,
impartiality or objectivity of that person is compromised by that
relationship; or
(b)
is an associate of a person who has a relationship contemplated in
paragraph (a).
(4) During a company's corporate rescue proceedings, the corporate rescue
practitioner(a) is an officer of the Court, and must report to the Court in accordance with
any applicable rules of, or orders made by, the Court; and
(b)
has the responsibilities, duties and liabilities of a director of the company;
and
(c)
other than as contemplated in paragraph (b)(i)
is not liable for any act or omission in good faith in the course of
the exercise of the powers and performance of the functions of a
practitioner; but
(ii) may be held liable in accordance with any relevant law for the
consequences of any act or omission amounting to gross negligence
in the exercise of the powers and performance of the functions of a
practitioner.
(5) If the corporate rescue process concludes with an order placing the company
in liquidation, any person who has acted as corporate rescue practitioner during the
corporate rescue process may not be appointed as liquidator of the company.
134 Investigation of affairs of company
( 1) As soon as practicable after being appointed, a corporate rescue practitioner
must investigate the company's affairs, business, property, and financial situation, and
after having done so, consider whether there is any reasonable prospect of the company
being rescued.
(2) If, at any time during corporate rescue proceedings, the practitioner
cone! udes that(a)
there is no reasonable prospect for the company to be rescued, the
practitioner must-
296
Select target paragraph3
Add to table of contents